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Giving up parental rights in Virginia...

I have heard other posts saying that if the father gives up his rights to see his child then he will not be required to pay child support for a child he does not see. Does anyone know how this works in VA? I was under the impression that if my son's biological dad does give up his parental rights I would no longer recieve child support from him. Is this something I have to agree to or can he just go to court and say I don't want custodial or legal rights to him?

He can give up paternal rights, but he will still have to pay child support.
File a voluntary relinquishment of parental rights petition in the appropriate state court in the county of residence.
The judge will decide if the TPR is to be granted and if so to what extent. If the judge feels it is in the best interest of the child for the father to be removed from his or her life then child support obligations can also be terminated.

This is how it works here. If the courts take away his parental rights bc they find him unfit then he will still have to pay child support. If he gives up his parental rights with your consent then he will not. The attorney general has to approve it anyway. They will appear at your last hearing where the father gives up his rights to say yes he can. From the day he gives up his rights on he usually no longer has to pay. In my case my sons father did not have to pay any of the back child support either but I think ours might have been a special case on that part.

Answer by
Anonymous
at 8:00 PM on May. 27, 2009

OK thanks ladies.

Answer by
Anonymous
at 8:06 PM on May. 27, 2009

I'm not sure about VA, but in IN the father can only give up his rights with the mother's consent and there has to be another person willing to step in and "adopt". If that all works out then the bio father will not have any contact with child and will not have to pay ANY form of support. The father cannot give up rights without the mother's consent and it all has to go before a judge.